HENRY A. WAXMAN, CALIFORNIA CHAIRMAN JOHN D, DINGELL MICHIGAN CHAIRMAN EMERITUS EDWARD J, MARKEY, MASSACHUSETTS RICK BOUCHER, VIRGINIA FRANK PALLONE, JH" NEW JERSEY BART GORDON, TENNESSEE BOBBY L RUSH. ILLINOIS ANNA G, ESHOO, CALIFORNIA BART STUPAK, MICHIGAN ELIOT L. ENGel, NEW YORK GENE GREEN, TEXAS DIANA DeGETTE, COLORADO VICE CHAIRMAN LOIS CAPPS, CALIFORNIA MIKE DOYLE, PENNSYLVANIA JANE HARMAN, CALIFORNIA JAN SCHAKOWSKY, ILLINOIS CHARLES A, GONZALEZ, TEXAS JAY INSLEE, WASHINGTON TAMMY BALOWIN, WISCONSIN MIKE ROSS, AAKANSAS ANTHONY D, WEINER, NEW YORK JIM MATHESON, UTAH G.K. BUTTERFIELD, NORTH CAROLINA CHARLIE MELANCON, LOUISIANA JOHN BARROW, GEORGIA BARON P, HILL, INDIANA DORIS O. MATSUI, CALIFORNIA DONNA CHRISTENSEN, VIRGIN ISLANDS KATHY CASTOR, FLORIDA JOHN SARBANES, MARYLAND CHRISTOPHER MURPHY, CONNECTICUT lACHARY T, SPACE, OHIO JERRY MrNEANEY, CALIFORNIA BETTY SUTTON, OHIO BRUCE BRALEY, IOWA PETER WELCH, VERMONT ONE HUNDRED ELEVENTH CONGRESS {tCongu5'5' of tbt Wntttb~tatt5' ~ou~eofll\epre~e"tatlbe~ COMMITTEE ON ENERGY AND COMMERCE 2125 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515-6115 MAJonilY (202)225~292l FA('.~IMII'(2021225---2525 MINORITY 1202) 225-3641 energycommerce.house.gov June 30, 2010 JOE BARTON, TEXAS RANKING MEMBER ROY BLUNT, MISSOURI DEPUTY RANKING MEMBER RALPH M, HALL, TEXAS FRED UPTON, MICHIGAN CLIFF STEARNS, FLORIDA ED WHITFIELD, KENTUCKY JOHN SHIMKUS,ILLINOIS JOHN B. SHADEGG, ARIZONA STEVE BUYER. INDIANA GEORGE RADANOVICH, CALIFORNIA JOSEPH R. PITTS, PENNSYLVANIA MARY BONO MACK, CALIFORNIA LEE TERRY, NEBRASKA MIKE ROGERS, MICHIGAN SUE WILKINS MYRICK, NORTH CAROLINA JOHN SULLIVAN, OKLAHOMA TIM MURPHY, PENNSYLVANIA MICHAEL C. BURGESS, TEXAS MARSHA BLACKBURN, TENNESSEE PHIL GINGREY, GEORGIA STeve SCALISE, LOUISIANA PAAKER GRIFFITH, ALABAMA ROBERT E, LATTA, OHIO The Honorable Julius Genachowski Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Chairman Genachowski: On June 21,2010, the Subcommittee on Communications, Technology, and the Internet held a hearing on a bipartisan staffdiscussion draft that would provide funding for constructing and maintaining a nationwide, interoperable public safety broadband network. The discussion draft would requIre the Federal Communications Comrpission (FCC) to implementtechnical requirements to achieve nationwide interoperability as well as auction spectrum for the plJIllose ofraising the billions ofdollars necessary to construct and maintain such a network over the next ten years. The discussion draft relies on many ofthe recommendations put forth by the FCC in its National Broadband Plan (NBP). For example, the draft contemplates that public safety would operate its broadband network utilizing the same air interface as commercial licensees in the 700 MHz band. In addition to helping ensure interoperability, the NBP suggests that this approach would allow public safety to take advantage ofeconomies ofscale associated with a market in which there are a variety ofcommercial providers purchasing equipment and devices from a range ofvendors. Such economies ofscale could reduce significantly equipment costs for public safety users. It is our understanding that this proposal represents a significant change from today's public safety communications equipment market for voice or "narrowband" services. As the NBP states, "[p]astefforts to create a public safety narrowband interoperable voice network have failed."l Public safety has typically had to rely on an exclusive or limited vendor,pool for 1 Federal Communications Commission, National Broadband Plan at 315 (2010). The Honorable Julius Genachowski June 30, 2010 Page 2 equipment and devices, 2 and the cost ofthe equipment is often more expensive than comparable commercial equipment. 3 Some have suggested that these factors limit public safety's options and may even undermine attempts to achieve interoperability.4 . To improve the Committee's understanding ofthe existing public safety equipment and device market, and to help with its ongoing evaluation ofthe NBP recommendations, we would appreciate your assistance in obtaining answers to the following questions: J. Please provide a list ofthe top four vendors ofpublic safety narrowband equipment and their respective market shares. Ifthe FCC does not track this information independently, please use public references to provide these details. 2. Have proprietary solutions affected interoperability, innovation, cost, or competition in the market for public safety communications equipment? a. How would the greater use ofopen standards affect these factors? b. What steps should the FCC take, ifany, to encourage the use ofopen standards in public safety communications? 3. Please provide information on whether the public safety interoperable voice network, governed by Project 25, has achieved true interoperability. a. Has interoperability been hindered by a lack ofcompetition in equipment and device availability? 2 House Committee on Science and Technology, Testimony ofDereck Orr, Program Manager ofPublic Safety Communications Systems, National Institute of Standards and Technology, Interoperability in Public Safety Communications Equipment at 7 (May 27, 2010) (online at http://democrats.science.house.gov/Media/file/Commdocs/hearings/2010/Tech/27may/Orr Testi mony.pdf); FCC, Public Safety Groups at Odds Over Control ofNationwide Wireless Network, The Washington Post, (online at http://www.washingtonpost.com/wp dyn/content/article/2010/06/08/AR2010060805253.html) (June 9, 2010). 3 See The Center for Public Integrity, Homeland Security's Billion-Dollar Bet on Better Communications: Interoperability Money Aids Motorola and Other Contractors, but Are First Responders Better Off? (Feb. 16,2010) (online at http://www.publicintegritv.org/investigations/homeland security/articles/ entry/I 925) ("Whereas P25 systems can run into the hundreds ofmillions, gateways cost much less - nowadays, around $10,000."). 4 I d. The Honorable Julius Genachowski June 30, 2010 Page 3 b. To the extent that interoperability has been hindered, please provide specific examples. 4. Does the current structure ofthe public safety equipment market hinder efforts to achieve interoperability for a broadband public safety network? Ifso, please provide a description ofpossible steps the Commission might take to remedy this situation. 5. Section 101(b) ofthe staffdiscussion draft sets forth criteria for the Commission to consider in establishing rules for interoperability. How should this list be revised to ensure that interoperability is achieved in the broadband network, unlike the "failure" that occurred in the narrowband network? What technical and operational framework might be more appropriate to ensure interoperability on a future nationwide wireless public safety broadband network? 6. Can interoperability requirements applied to the wireless public safety broadband network be utilized to promote interoperability between the narrowband and broadband networks? Please provide the requested information by July 15,2010. Ifyou have any questions about this request, please have a member ofyour staffcontact Roger Sherman on the Committee staffat (202) 225-2927. The Republican staffcontact, Neil Fried, may be reached at (202) 225 3641. Sincerely, ~4IW~ Henry A. Waxman Chairman \~~ Rick' Boucher Chairman Subcommittee on Communications, Technology, and the Internet Enclosure ~ Gu~~ Joe Barton Ranking Member ~ongrt~~of tl.Jt 1tnittb~tatt~ "ouse ofl\tPft~entatitl~ llasf/lllllfOll.IUl:. 20515 Responding to Document Requests from the Committee on Energy and Commerce In responding to the document request from the Committee on Energy and Commerce, please apply the instructions and definitions set forth below. Instructions 1. In complying with the request, you should produce all responsive documents in your possession, custody, or control. 2. . Documents responsive to the request should not be destroyed, modified, removed, transferred, or otherwise made inaccessible to the Committee. 3. In the event that any entity, organization, or individual denoted in the request has been, or is currently, known by any other name than that herein denoted, the request should be read also to include them under that alternative identification. 4. Each document produced should be produced in a form that renders the document capable ofbeing copied. 5. When you produce documents, you should identify the paragraph or clause in the Committee's request to which the documents respond. 6. Documents produced in response to this request should be produced together with copIes offile labels, dividers, or identifying markers with which they were associated when this request was issued. To the extent that documents were not stored with file labels, dividers, or identifying markers, they should be organized into separate folders by subject matter prior to production. 7. Each folder and box should be numbered, and a description ofthe contents ofeach folder and box, including the paragraph or clause ofthe request to which the documents are responsive, should be provided in an accompanying index. 8. It is not a proper.basis to refuse to produce a document that any other person or entity also possesses a nonidentical or identical copy ofthe same document. 9. Ifany ofthe requested information is available in machine-readable or electronic form (such as on a computer server, hard drive, CD, DVD, memory stick, or computer backup tape), you should consult with Committee staffto determine the appropriate format in which to produce the information. Documents produced in electronic format should be organized, identified, and indexed electronically in a manner comparable to theorganizational structure called for in (6) and (7) above. Documents produced in an electronic format should also be produced in a searchable fOrmat. .10. In the event that a responsive document is withheld on any basis, you should provide the following information concerning the document: (a) the reason the dociunent is not being produced; (b) the type.of document; (c)the general subject matter; (d) the date, author, and addressee; and (e) the relationship ofthe author and addressee to each other. II. Ifany document responsive to this request was, but no longer is, in your possession, custody, or control, you should identify the document (stating its date, author, subject and recipients) and explain the circumstances by which the document ceased to be in your possession, custody, or control. 12. Ifa date or other descriptive detail set forth in this request referring to a document is inaccurate, but the actual date or other descriptive detail is known to you or is otherWise apparent from the context ofthe request, you should produce all documents which would be responsive as ifthe date or other descriptive detail were correct. 13. This request is continuing in nature and applies to any newly discovered document. Any document not produced because it has not been located or discovered by the return date should be produced immediately upon location or discovery subsequent thereto. 14. All documents should be bates-stamped sequentially and produced sequentially. IS. Two sets ofdocuments should be delivered, one set to the majority staffand one set . to the minority staff. The majority set should be delivered to the majority staffin Room 316 ofthe Ford House Office Building, and the minority set should be delivered to the minority staffin Room 564 ofthe Ford House Office Building. You should consult with Committee staffregarding the method ofdelivery prior to sending any materials. 16. Upon completion ofthe document production, you should submit a written certification,signed by you or your counsel, stating that: (I) a diligent search has been completed ofall documents in your possession, custody, or control which reasonably could contain responsive documents; and (2) all documents located during the search that are responsive have been produced to the Committee or identified in a privilege log provided to the Committee.. 2 Definitions 1. The tenn "document" means any written, recorded, or graphic matter ofany nature whatsoever, regardless ofhow recorded, and whetherorigin~lor copy, including, but not limited to, the following; memoranda, reports, expense reports, books, manuals, instructions, financial reports, working papers, records notes, letters, notices, confinnations, telegrams, receipts, appraisals, pamphlets, magazines, newspapers, prospectuses, interoffice and intra-office communications, electronic mail (email), contracts, cables, notations ofany type ofconversatiqn, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, invoices, transcripts, diaries, analyses, returns, summaries, minutes, bills, accounts, estimates, projections, comparisons, messages, correspondence, press releases, circulars, financial statements, reviews, opinions, offers, studies and investigations, questionnaires and surveys, and work sheets (and all drafts, preliminary versions, alterations, modifications, revisions, changes, and amendments ofany ofthe foregoing, as well as any attachments or appendices thereto). The tenn also means any graphic or oral records or representations ofany kind (including without limitation, photographs, charts, graphs, voice mails, microfiche, microfilm, videotape, recordings and motion pictures), electronic and mechanical records or representations ofany kind (including, without limitation, tapes, cassettes, disks, computer server files, computer hard drive files, CDs, DVDs, memory sticks, and recordings), and other written, printed, typed, or other graphic or recorded matter ofany kind or nature, however produced or reproduced, and whether preserved in writing, film, tape, disk, videotape or otherwise. A document bearing any notation not a part ofthe original text is to be considered a separate document. A draft or non-identical copy is a separate document within the meaning ofthis tenn. 2. The tenn "documents in your possession, custody, or control" means (a) documents that are in your possession, custody, or control, whether held by you or your past or present agents, employees, or representatives acting on your behalf; (b) documents that you have a legal right to obtain, that you have a right to copy, or to which you have access; and (c) documents that you have placed in the temporary possession, custody, or control ofany third party. 3. The term "communication" means each manner or means ofdisclosure or exchange ofiirl'onnation, regardless ofmeans utilized, whether oral, electronic, by document or otherwise, and whether face-to-face, in a meeting, by telephone, mail, telexes, discussions, releases, personal delivery, or otherwise. 4. The tenns "and" and "or" shall be construed broadly and either conjunctively or disjunctively to bring within the scope ofthe request any infonnation which might otherwise be construed to be outside its scope. The singular includes plural number, and vice versa. The masculine includes the feminine and neuter genders. 5. The tenns "person" or "persons" means natural persons, finns, partnerships, associations, corporations, subsidiaries, divisions, departments, joint ventures, 3 proprietorships, syndicates, or other legal, business or government entities, and all subsidiaries, affiliates, divisions, departments, branches, and other units thereof. 6. The terms "referring" or "relating," with respect to any giyen subject, means anything that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is in ailyinanner whatsoever pertinent to that subject. 4